Patna High CourtCR. MISC./459/2024allowed

Rajkumar Yadav v. The State Of Bihar

2024-01-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.459 of 2024 Arising Out of PS. Case No.-1350 Year-2023 Thana- Excise P.S. District- Jamui ====================================================== Rajkumar Yadav S/O Bhelu Yadav R/O Village- Ghodaparan, P.SLakshmipur, Distt.- Jamui. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akash Raj For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 10 liters of illegal country-made liquor from the motorcycle of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has no concern with the seized wine. He submitted that petitioner is the owner of the said motorcycle in question but he has been falsely implicated in this case due to his criminal antecedents. The provision of Section

Patna High Court CR. MISC. No.459 of 2024(2) dt.16-01-2024 2/2 100 of the Cr.P.C. has not been followed in this case, while preparing the seizure list. He is languishing in judicial custody since 15.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Excise Judge-II, Jamui in connection with Excise P.S. Case No. 1350 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T